State v. Dixon, 2011 Ohio 4771

Dixon graduated from the University of Akron in 1999.
In 2010 the State sued Dixon for $1,580.85 in alleged unpaid educational expenses.
The parties cross-moved for summary judgment; Dixon supplied a personal affidavit and a sister’s affidavit.
Dixon moved to dismiss the case, arguing the State was not the real party in interest (standing).
The trial court granted summary judgment to the State; it did not rule on the motion to dismiss.
On appeal, the Ninth District reversed, sustaining Dixon’s first assignment of error and reversing the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether genuine issues of material fact preclude summary judgment	Dixon contends her affidavits create genuine issues of material fact.	State asserts no genuine issue; Dixon’s affidavits fail to prove payment of the account.	Genuine issues exist; summary judgment improper.
Whether the trial court properly addressed standing	Dixon argued lack of standing/real party in interest requires dismissal.	State maintains standing; not necessary to decide on appeal.	Court declined to address standing on appeal; unresolved here.

Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (Ohio 1996) (summary judgment standard and burden-shifting framework)
Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (burden on movant to identify absence of material facts)
Vahila v. Hall, 77 Ohio St.3d 421 (Ohio 1997) (affidavits may raise genuine issues of material fact)
Byrd v. Smith, 110 Ohio St.3d 24 (Ohio 2006) (standard for evaluating summary judgments)
Stone v. Cazeau, 2007-Ohio-6213 (9th Dist. 2007) (affidavits may be evaluated as evidence under Civ.R. 56)
Craddock v. Flood Co., 2008-Ohio-112 (9th Dist. 2008) (affidavits' weight in summary-judgment context)
Wochna v. Mancino, 2008-Ohio-996 (9th Dist. 2008) (materiality of disputed facts in summary judgment)
Estate of Malz v. Olivieri, 2007-Ohio-7048 (9th Dist. 2007) (limitations on granting summary judgment where issues exist)